Bush pardons few in final hours

In his final hours in office, President George W. Bush is staying true to form by making sparing use of his pardon powers.

Bush commuted the sentences of two former Border Patrol agents, Ignacio Ramos and Jose Compean, who were serving lengthy prison terms for shooting a fleeing drug suspect in 2005.

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White House officials indicated they did not expect any other clemency actions before Bush leaves office at noon Tuesday.

Bush seems intent on clearing out of town without the cloud of controversy that descended on President Bill Clinton after he issued a series of last-minute pardons before leaving office in 2001. Clinton’s pardon of billionaire financier Marc Rich, who was considered a fugitive by the Justice Department, triggered a Congressional investigation and public scolding even from Democrats.

Some Democrats and civil liberties activists feared that Bush might issue a sweeping pardon blocking future prosecutions over alleged torture of war-on-terror detainees but those concerns appear to have been unwarranted.

There also were no last-minute pardons for political allies or former aides, such as I. Lewis “Scooter” Libby Jr., who was convicted in 2007 of obstruction of justice in the CIA leak investigation. The lack of a pardon disappointed many of Libby’s backers.

Advocates of greater use of the pardon power were also dejected that Bush made so little use of it in his final days and issued no additional commutations for indigent prisoners with meritorious cases.

“It’s very disappointing. It’s worse than disappointing. I think it’s a tragedy,” said Margaret Love, a former pardon attorney at the Justice Department. “It’s the culmination of a 15-year or 16-year effort to shut down the clemency program. I can’t believe this is all he’s going to do.”

Here was Politico’s final line on the chances for pardons in ten selected cases prior to the announcement this morning about Bush’s final actions on the subject. 1. Pardon Prospects: Military and CIA interrogators of war-on-terror prisoners

Status: Could face investigation and prosecution for use of harsh tactics in post-9/11 interrogations. Bush has signaled sympathy with those called upon to “connect the dots” after the terror attack, and the incoming Barack Obama administration has given mixed signals, with Obama himself downplaying prosecutions but his choice for attorney general Eric Holder seeming open to the idea – which could lead Bush to act.

Pros: Some lawyers doubt charges could ever be brought or convictions obtained because of Justice Department opinions permitting aggressive tactics; might be seen as buck-stops-here gesture by Bush.

Cons: Likely to require a “blanket” pardon which describes conduct, but does not name individuals; might be hard to craft language or justify pardon which immunizes some harsh tactics without overturning convictions for prisoner abuse at Abu Ghraib; certain to trigger outrage among liberals and inflame anti-American feeling abroad. Pardons expert P.S. Ruckman Jr. of Rock Valley College in Illinois downplays “the idea of this big, last-minute, surprise, blanket, turbo-amnesty for war crimes.”

Status: Convicted in 2007 of obstruction of justice, false statements, and perjury in investigation into leak of identity of CIA officer Valerie Plame. Sentenced to two-and-a-half years in prison, two years probation and $250,000 fine; prison sentence commuted by Bush before service. A Libby pardon has strong support among conservatives. “Scooter Libby was not guilty of the original crime trumpeted by the media and the Democrats for campaign purposes. He was not responsible for the leak…..It’s a travesty, it seems to me,” said Dick Carlson, a former Voice of America chief and ambassador.

Pros: Vice President Dick Cheney views Libby as loyal; disbarment and lack of employment could be seen as punishment; on leaving office, presidents Clinton and Bush (41) also pardoned senior officials

Cons: Could remind public of Bush’s failure to dismiss those accused of leaking Plame’s identity; risk of public outcry for leaving full pardon for final days of presidency when it could have been done sooner. Politico Odds: 1 to 2